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Fundamental Rights Case - Environmental Law Presentation- Prajwal Bhattarai

Right to a healthy and clean environment to be fundamental right under the right to life under Article 21. <br>The right has been recognised by the legal system and the judiciary in particular for over a century. <br>The u201cRight to Lifeu201d under Article 21 means a life of dignity to live in a proper environment free from the dangers of diseases and infection.

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Fundamental Rights Case - Environmental Law Presentation- Prajwal Bhattarai

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  1. Right to clean and healthy environment. Prajwal Bhattaraiprajwal7bhattarai@gmail.com - Cases and Fundamental Right in Indian Constitution .

  2. Overview • Right to a healthy and clean environment to be fundamental right under the right to life under Article 21. • The right has been recognised by the legal system and the judiciary in particular for over a century. • The “Right to Life” under Article 21 means a life of dignity to live in a proper environment free from the dangers of diseases and infection.

  3. Rationale behind this Article. • Maintenance of health, preservation and sanitation of environment has adverse affects the life of the citizens. • Polluted/Degraded Environment amounts to slow poisoning and reducing the life of the citizens. • The Right of life means the right to live a civilized life and it also includes the right to clean environment.

  4. Judicial pronouncements by the Apex court of India.( Summaries of the Case ) • Subhash Kumar v. State of Bihar. • Rural Litigation and Environment Kendra, Dehradun vs. State of Uttar Pradesh. • M.C. Mehta vs. Union of India (Vehicular Pollution Case). • Murli S. Deora vs. Union of India. • Vellore Citizens Welfare Forum vs. Union of India.

  5. Subhash Kumar vs. State of Bihar. ( AIR 1991 SC 420) • The petitioner filed a public interest litigation claim against two iron and steel companies, because they allegedly created health risks to the public by dumping waste from their factories into the nearby Bokaro river. • The municipalities and a large number of other concerned governmental agencies could no longer rest content with unimplemented measures for the abatement and prevention of pollution. • The Court recognised the right to environment as part of the fundamental right to life includingRight to the enjoyment of pollution free water.

  6. Rural Litigation and Environment Kendra, Dehradun vs. State of Uttar Pradesh. ( 12 March, 1985 ) • PIL was filed for illegal limestone mining in the Mussorie-Dehradun region was causing damage to the fragile eco-systems in the area. • The Court treated petition under Article 32 of the Constitution. • Several committees have been appointed for the full inspection of illegal mining sites. • Therefore, the Court ordered the closure of a number of limestone quarries according to final report of committee.

  7. M.C. Mehta vs. Union of India ( March 14, 1991 ) • A matter regarding the vehicular pollution in Delhi city. • It was held to be the duty of the Government to monitor contaminated air due to vehicular pollution. • The Apex court again confirming the right to a healthy environment as a basic human right and stated that the right to clean air also stemmed from Art 21 which referred to Right to life. • Landmark Case because of which lead-free petrol supply was introduced in Delhi. • Complete phasing out old commercial vehicles as directed by the courts.

  8. Murli S. Deora vs. Union of India. [ (2001) 8 SCC 765'49 ] • It was contended that smoking is injurious to health and may affect the health of smokers but there is no reason that health of passive smokers should also be injuriously affected. • Statutory provision is made and implemented by the legislative enactment, it was held that it would be in the interest of the citizens to prohibit smoking in public places. • Since article 21 of the Constitution guarantees that none should be deprived of their life, then why should a non-smoker become the victim of the whole process ?

  9. Vellore Citizens Welfare Forum vs. Union of India. (Aug 28, 1996 ) • Petition was filed against the large-scale pollution caused to River Palar due to the discharge of untreated wastewater from workplace and other industries in the State of Tamil Nadu. • Precautionary principle and polluter pays principle was evolved in India after this case.

  10. Constitutional mandates onProtection of Environment. • Few Directives and state policies were introduced to the State on aspects relating to public health, agriculture and animal husbandry. • Art 39(b), Art 47, Art 48, Art 49, Article 51-A (g)impose individually and collectively mposes the duty on the state as well as the citizens of the state to protect and conserve the environment. • These constitutional mandates also preserve, protect and improve the natural environment of the nation.

  11. Major Environmental Movements in India. • Bishnoi Movement. • Chipko Movement. • Save Silent Valley Movement. • Tehri Dam Conflict. • Jungle Bachao Andholan.

  12. Right to Clean Environment in Nepal. • Article 30 of Constitution of Nepal-2072has the provision for Right to clean Environment as fundamental rights. • Every citizen shall have the right to live in a clean and healthy environment. • Further it has compensation for victims for any injury caused from environmental pollution or degradation. • Article 30(3) states that nothing shall prevent the making of necessary legal provisions, for a proper balance between the environment and developmental works of nation.

  13. Synopsis on Environmental Issues. • The environmental movements favour the sustainable management of natural resources for conservation and improvement of the state of the environment. • Many movements are centred on ecology, public policy, health and human rights. • Activities posing a major threat to the environment were curtailed to protect the individual’s inherent right. • Environmental rights are guaranteed under various instruments for the protection of legal and human rights.

  14. Conclusion • Indian environmental scenario has undergone a positive change through active interpretation of constitutional and legislative clauses by the judiciary major movements. • Right to clean and healthy Environment as a fundamental right under Article 21 (Right to life ) on the constitution of India. • Right to life as environmental rights as quality life and basic human right of individual which promotes sustainable developmental goals.

  15. References : • Right to clean and healthy environment as fundamental right in India - Lexpress ( July 19/2017 ). • Constitution of Nepal and India. • Clear IAS Major Environmental Movements in India. • Right to Clean Environment : Basic Human Right. ( Legal Service India ). • Assertion of Right to Clean Environment in India ( January 30, 2012 )

  16. Thankyou !!! Any Questions ?

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